[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR99.36]

[Page 300]
 
                           TITLE 34--EDUCATION
 
PART 99--FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents
 
Subpart D--May an Educational Agency or Institution Disclose Personally 
            Identifiable Information From Education Records?
 
Sec.  99.36  What conditions apply to disclosure of information in health and safety emergencies?

    (a) An educational agency or institution may disclose personally 
identifiable information from an education record to appropriate parties 
in connection with an emergency if knowledge of the information is 
necessary to protect the health or safety of the student or other 
individuals.
    (b) Nothing in this Act or this part shall prevent an educational 
agency or institution from--
    (1) Including in the education records of a student appropriate 
information concerning disciplinary action taken against the student for 
conduct that posed a significant risk to the safety or well-being of 
that student, other students, or other members of the school community;
    (2) Disclosing appropriate information maintained under paragraph 
(b)(1) of this section to teachers and school officials within the 
agency or institution who the agency or institution has determined have 
legitimate educational interests in the behavior of the student; or
    (3) Disclosing appropriate information maintained under paragraph 
(b)(1) of this section to teachers and school officials in other schools 
who have been determined to have legitimate educational interests in the 
behavior of the student.
    (c) Paragraphs (a) and (b) of this section will be strictly 
construed.

(Authority: 20 U.S.C. 1232g (b)(1)(I) and (h))

[53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 
FR 59297, Nov. 21, 1996]

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